[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12869-12870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4788]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules 
and Regulations  

[[Page 12869]]



SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

RIN 3245-AF66


Small Business Size Standards; Adoption of Size Standards by 2007 
North American Industry Classification System for Size Standards

AGENCY: Small Business Administration.

ACTION: Direct final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is correcting the 
direct final rule it published in the Federal Register on August 29, 
2007, that amended its Small Business Size Regulations by incorporating 
the Office of Management and Budget's (OMB) 2007 modifications of the 
North American Industry Classification System (NAICS) into its table of 
small business size standards. The direct final rule published on 
August 29, 2007 established an incorrect small business size standard 
for NAICS 517919, All Other Telecommunications. The correct small 
business size standard is $23.0 million in average annual receipts. 
Also, the descriptive titles for 19 NAICS codes are also being amended 
by this action. SBA is changing the industry descriptions in its table 
of size standards so they will match the descriptions published by OMB 
in NAICS 2007.

DATES: Effective Date: March 11, 2008.

FOR FURTHER INFORMATION CONTACT: Carl Jordan, Program Analyst, Division 
of Size Standards, at (202) 205-6618 or [email protected].

SUPPLEMENTARY INFORMATION: SBA published a direct final rule in the 
August 29, 2007 Federal Register (72 FR 49639) to amend its Small 
Business Size Regulations by incorporating the OMB 2007 modifications 
of the North American Industry Classification System (NAICS) into its 
table of small business size standards.
    In the direct final rule, SBA included Table 1 which provided rules 
for establishing size standards upon incorporating NAICS 2007 into its 
table of size standards. Rule 3 in Table 1 stated the 
following:

                                 Table 1
------------------------------------------------------------------------
   If the NAICS 2007 industry is       The size standard for the NAICS
            composed of                        industry will be
------------------------------------------------------------------------
3. More than one NAICS 2002          The same size standard as for the
 industry; parts of more than one     NAICS 2002 industry or NAICS 2002
 NAICS 2002 industry; or one or       industry part(s) that most closely
 more NAICS 2002 industry and         matches the economic activity
 part(s) of one or more NAICS 2002    described by the NAICS 2007
 industry,                            industry.
and
they do not all have the same size
 standard.
------------------------------------------------------------------------

    Applying Rule 3 from Table 1, SBA had indicated on pages 
49642 and 49643 of the direct final rule that the small business size 
standard for NAICS 517919, All Other Telecommunications, would be $23.0 
million in average annual receipts. However, SBA incorrectly stated in 
item 2(n) on page 49644 that the small business size standard is $23.5 
million in average annual receipts.
    Because SBA properly applied Rule 3 from Table 1 of the 
direct final rule, the correct size standard is $23.0 million, and this 
action corrects 13 CFR 121.201 to reflect the correct size standard.
    In addition, SBA is correcting the Industry Descriptions for 19 
NAICS industries in its table of size standards to match the industry 
descriptions in NAICS 2007. Table 2, below, is a list of the NAICS 
codes with the titles as published in the August 29, 2007 Federal 
Register, and as corrected. The following changes to the industry 
descriptions do not affect any small business size standards; the small 
business size standards for these NAICS codes remain unchanged.

                                 Table 2
------------------------------------------------------------------------
                            Industry descriptions
                              in August 29, 2007   Industry descriptions
        NAICS code             Federal Register          corrected
                              direct final rule
------------------------------------------------------------------------
112920....................  Horse and Other        Horses and Other
                             Equine Production.     Equine Production.
311340....................  Non-Chocolate          Nonchocolate
                             Confectionery          Confectionery
                             Manufacturing.         Manufacturing.
311613....................  Rendering and Meat By- Rendering and Meat
                             Product Processing.    Byproduct
                                                    Processing.
322223....................  Plastics, Foil, and    Coated Paper Bag and
                             Coated Paper Bag       Pouch Manufacturing.
                             Manufacturing.
323118....................  Blankbook, Loose-leaf  Blankbook, Looseleaf
                             Binder and Device      Binders and Devices
                             Manufacturing.         Manufacturing.
326111....................  Unsupported Plastics   Plastics Bag and
                             Bag Manufacturing.     Pouch Manufacturing.
326112....................  Unsupported Plastics   Plastics Packaging
                             Packaging Film and     Film and Sheet
                             Sheet Manufacturing.   (including
                                                    Laminated)
                                                    Manufacturing.
326113....................  Unsupported Plastics   Unlaminated Plastics
                             Film and Sheet         Film and Sheet
                             (except Packaging)     (except Packaging)
                             Manufacturing.         Manufacturing.
326121....................  Unsupported Plastics   Unlaminated Plastics
                             Profile Shapes         Profile Shape
                             Manufacturing.         Manufacturing.
326122....................  Plastics Pipe and      Plastics Pipe and
                             Pipe Fitting           Pipe Fitting
                             Manufacturing.         Manufacturing.

[[Page 12870]]

 
326130....................  Laminated Plastics     Laminated Plastics
                             Plate, Sheet and       Plate, Sheet (except
                             Shape Manufacturing.   Packaging), and
                                                    Shape Manufacturing.
331221....................  Cold-Rolled Steel      Rolled Steel Shape
                             Shape Manufacturing.   Manufacturing.
485113....................  Bus and Motor Vehicle  Bus and Other Motor
                             Transit Systems.       Vehicle Transit
                                                    Systems.
522298....................  All Other Non-         All Other
                             Depository Credit      Nondepository Credit
                             Intermediation.        Intermediation.
522320....................  Financial              Financial
                             Transactions           Transactions
                             Processing, Reserve,   Processing, Reserve,
                             and Clearing House     and Clearinghouse
                             Activities.            Activities.
561330....................  Employee Leasing       Professional Employer
                             Services.              Organizations.
721191....................  Bed and Breakfast      Bed-and-Breakfast
                             Inns.                  Inns.
812921....................  Photo Finishing        Photofinishing
                             Laboratories (except   Laboratories (except
                             One-Hour).             One-Hour).
812922....................  One-Hour Photo         One-Hour
                             Finishing.             Photofinishing.
------------------------------------------------------------------------

List of Subjects in 13 CFR Part 121

    Administrative practice and procedure, Government procurement, 
Government property, Grant programs--business, Individuals with 
disabilities, Loan programs--business, Reporting and recordkeeping 
requirements, Small businesses.


0
For the reasons set forth in the preamble to this rule, SBA amends 13 
CFR part 121 as follows:

PART 121--SMALL BUSINESS SIZE REGULATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 637(a), 644, and 
662(5); and Pub. L. 105-135, sec. 401, et seq., 111 Stat, 2592.


0
2. Amend Sec.  121.201, in the table ``Small Business Size Standards by 
NAICS Industry'' as follows:
0
a. Revise the industry description of NAICS code 112920 ``Horses and 
Other Equine Production'' to read ``Horses and Other Equine 
Production''.
0
b. Revise the industry description of NAICS code 311340 ``Non-Chocolate 
Confectionery Manufacturing'' to read ``Nonchocolate Confectionery 
Manufacturing''.
0
c. Revise the industry description of NAICS code 311613 ``Rendering and 
Meat By-Product Processing'' to read ``Rendering and Meat Byproduct 
Processing''.
0
d. Revise the industry description of NAICS code 322223 ``Plastics, 
Foil, and Coated Paper Bag Manufacturing'' to read ``Coated Paper Bag 
and Pouch Manufacturing''.
0
e. Revise the industry description of NAICS code 323118 ``Blankbook, 
Loose-leaf Binders and Devices Manufacturing'' to read ``Blankbook, 
Looseleaf Binder and Device Manufacturing''.
0
f. Revise the industry description of NAICS code 326111 ``Unsupported 
Plastics Bag Manufacturing'' to read ``Plastics Bag and Pouch 
Manufacturing''.
0
g. Revise the industry description of NAICS code 326112 ``Unsupported 
Plastics Packaging Film and Sheet Manufacturing'' to read ``Plastics 
Packaging Film and Sheet (including Laminated) Manufacturing''.
0
h. Revise the industry description of NAICS code 326113 ``Unsupported 
Plastics Film and Sheet (except Packaging) Manufacturing'' to read 
``Unlaminated Plastics Film and Sheet (except Packaging) 
Manufacturing''.
0
i. Revise the industry description of NAICS code 326121 ``Unsupported 
Plastics Profile Shapes Manufacturing'' to read ``Unlaminated Plastics 
Profile Shape Manufacturing''.
0
j. Revise the industry description of NAICS code 326122 ``Plastics Pipe 
and Pipe Fitting Manufacturing'' to read ``Plastics Pipe and Pipe 
Fitting Manufacturing''.
0
k. Revise the industry description of NAICS code 326130 ``Laminated 
Plastics Plate, Sheet and Shape Manufacturing'' to read ``Laminated 
Plastics Plate, Sheet (except Packaging), and Shape Manufacturing''.
0
l. Revise the industry description of NAICS code 331221 ``Cold-Rolled 
Steel Shape Manufacturing'' to read ``Rolled Steel Shape 
Manufacturing''.
0
m. Revise the industry description of NAICS code 485113 ``Bus and Motor 
Vehicle Transit Systems'' to read ``Bus and Other Motor Vehicle Transit 
Systems''.
0
n. Revise the Size standards in millions of dollars amount in the entry 
for 517919 to read ``$23.0''.
0
o. Revise the industry description of NAICS code 522298 ``All Other 
Non-Depository Credit Intermediation'' to read ``All Other 
Nondepository Credit Intermediation''.
0
p. Revise the industry description of NAICS code 522320 ``Financial 
Transactions Processing, Reserve, and Clearing House Activities'' to 
read ``Financial Transactions Processing, Reserve, and Clearinghouse 
Activities''.
0
q. Revise the industry description of NAICS code 561330 ``Employee 
Leasing Services'' to read ``Professional Employer Organizations''.
0
r. Revise the industry description of NAICS code 721191 ``Bed and 
Breakfast Inns'' to read ``Bed-and-Breakfast Inns''.
0
s. Revise the industry description of NAICS code 812921 ``Photo 
Finishing Laboratories (except One-Hour)'' to read ``Photofinishing 
Laboratories (except One-Hour)''.
0
t. Revise the industry description of NAICS code 812922 ``One-Hour 
Photo Finishing'' to read ``One-Hour Photofinishing''.

    Dated: March 4, 2008.
Arthur E. Collins,
Director, Government Contracting.
 [FR Doc. E8-4788 Filed 3-10-08; 8:45 am]
BILLING CODE 8025-01-P